Mort Comp Week 4

An example of a non-declinable item on the GPL is?

Basic Arrangements Fee

A declaration or public statement of professional standards of right and wrong conduct defines a(n)?

Code of Ethics

Which of the following is the desirable characteristics of an ethical funeral director?

Compassionate

The failure to volunteer or reveal information not requested is termed?

Concealment

Who is the first to get paid from an estate that has entered into Probate?

Funeral Home and Federal Taxes

Mr. Joyovich states to Mrs. Thompson, "Embalming is required under Vermont law." Vermont does not require embalming. According to FTC Regulations, this is an example of?

Misrepresentation

Laws enacted by legislative bodies are

Statutes

The court that has jurisdiction over matters relating to estates is known as?

Surrogate Court Probate Court

Mr. Greenjeans creates a valid will. This is an example of

Testator

Mrs. Greenjeans creates a will. She is a

Testatrix

Embalmers must wear personal protective equipment in order to limit their exposure to formaldehyde and bloodborne pathogens.

True

One of the requirements of a valid contract is an agreement.

True

Mr. Greenjeans establishes a trust in which he places his property and assets.

Trust are not subjected to Probate Administered by a Trustee Have beneficiaries

A person who handles the affairs of a Trust account is a?

Trustee

A formal written command issued by a court of law

a writ

The FTC orders that a funeral director cannot charge the consumer for a third party casket is an example of?

administrative law

An ethical funeral director should not?

advise each family what casket they should select

A temporary order forbidding a certain action is

an injunction

The transfer of possession, but not title of personal property is known as?

bailment

The right to declare dividends depends upon the discretion of the

board of directors

The doctrine of stare decisis is concerned which

case law

Laws that violates a person's rights to life, liberty, and the pursuit of happiness are found in?

constitutional law

Common law is based on

customs

The profits of a corporation belong to the corporation until set aside by the directors for distribution as?

dividends

A corporation has a distinct existence separate and apart from the existence of its individual members which is known as a(an)

entity

The "common law" is referred to as the common law because?

it was more or less uniform throughout England.

Laws passed by local governments are

ordinances

All physical items that are not real property are classified as

personal property

Oral contacts are

spoken

The owner of a corporation is known as a

stockholders

Personal property which can be seen and touched is

tangible personal property

In addition to case law, when making decisions, courts sometimes consider other sources of law, including?

the US Constitution state constitutions administrative agency rules and regulations

When can a funeral director charge for embalming?

when the funeral director receives oral permission from the family

Despite common practice, it is unwise to postdate a check

true.

Mr. Greenjeans is dying and he creates a document that designates who he wants to have his property upon the time of his death. This is an example of a

will

Mr. Greenjeans has three children; Jill, Thom, and Mary. In the final stages of his life, Mr. Greenjeans moves in with Mary and she takes care of him until he dies. When the will is read, to their surprise, Jill and Thom have been removed from the will and all of the proceeds of the estate now go to Mary. Irate, Jill and Thom go to a lawyer and challenge the validity of the will. This is an example of?

will contest

Millie is a friend and Power-of Attorney for Mrs. Joyovich. Mrs. Joyovich dies and Millie goes to the funeral home and declares that she will be making Mrs. Joyovich's final arrangements. What form should the funeral director have Millie sign prior to making arrangements?

At-need Written Statement of Agent Claiming Legal Control Disposition of Remains.

In regards to an ethical funeral director's relationship with his competitor, which of the following is considered a proper goal?

Cooperation

A contract is valid if at least one of the parties entering into it has the capacity to do so.

False

No individual can be considered an agent of the funeral director unless (s)he is listed on official payroll records?

False

The Federal Truth in Lending Act was enacted for the protection of funeral homes.

False

When a person dies with an adequate amount of funds available to settle the affairs of the estate, this is known as an insolvent estate

False

An express contract must be in writing

False, formed orally or in writing.

Dave Joyovich makes a removal at Mrs. Thompson's house at the middle of the night. He ask permission to embalm and Mrs. Thompson says, "How much does embalming cost." What should Dave Joyovich do?

Hand her a General Price List and explain the charges.

Coveat Emptor means

Let the buyer beware.

The Occupational Safety and Health Act was enacted to ensure safe and healthful working conditions

True

Mr. Bowinkles dies without a will and Jon is appointed by the courts to handle the affairs of the estate. Jon is an example of?

administrator

When a funeral director makes funeral arrangements with a family, (s)he should?

be factual and knowledgeable

A person who receives the proceeds from an insurance policy is called the?

beneficiary

Bailment in which the bailee does not receive any compensation is?

gratuitous bailment

Price fixing agreements are

illegal

In a state court, the chief officer is

judge

Which of the following is considered unethical publicity for a funeral director?

misrepresentation in warranties

With personal effects of a deceased in his custody, the ethical funeral director shall not?

place them in a body bag and leave them in the preparation room

With respect to the funeral services, privacy and governmental agencies are examples of?

Allied services

An entity may be an individual, a partnership but not a corporation

False

Which of the following would be a part of a funeral director's individual/personal ethics?

Professionalism

The human body is not property in a commercial sense, however the law views human remains under a bundle of rights that allows the next-of-kin to properly dispose of the remains in various ways. This is the best definition for?

Quasi-Property

When the duty of care that a motorist owes other motorists and pedestrians is breached and results in injury or damages to another, that motorist has committed a

tort

The law whose purpose is to compensate the aggrieved, not punish the wrongdoer is?

tort law

What percentage of CEU's can be taken online?

50%Po

A violation of the terms of a contract is referred to as?

A breach of contract

Compared to NYS regulation, How many years must a funeral home keep a GPL on file?

FTC requires 1 years and NYS requires 4

Property rights consisting merely of evidence of ownership of property, such as copyrights, checks, notes, and stocks are

Intangible personal property

A newspaper advertisement can be an offer if it shows?

Intent

Mr. Greenjeans dies without a will. This is known as dying?

Intestate

Mrs. Poppins dies without a will and her husband and four children go to a lawyer to find out who is entitled to her property. The lawyer informs Mr. Poppins that he will receive all of her property because they were legally married at the time of death. This is an example of?

Intestate succession

Jill, Thom, and Mary are all children of Mr. Greenjeans. Mr. Greenjeans dies and in his will he leaves his entire estate to his three children equally. This is an example of?

Per stirpes

The set of values, ideas, and opinions of an individual or group are known as?

Philosophy

When a dead human body is in the mortuary, the funeral home is said to have?

Physical custody

What authority is the Bureau of Funeral Directing sanctioned under?

Police Powers

Which of the following is a rule of ethical conduct that is found in most religions?

The Golden Rule

NOT true about a revocable trust account?

Upon the time of death, the beneficiary of the account is the next-of-kin

As a funeral director, you enter into a contract with a woman who lost her husband. Later you found out that she was not married but only living together. The contract is?

Valid and formal

Failing to appear in a court when ordered by the court or a law enforcement officer will result in a ______ by the courts.

Warrant

Under the FTC regulations, when do you have to present the consumer with a copy of the General Price List?

When they ask for it.

According to Kohlberg, stage of moral development in which the individual considers universal moral principles which supersede the authority of the group is called?

post-conventional stage

Kohlberg's stages of moral development in which moral reasoning is based on reward and punishment from those in authority is the?

pre-conventional stage

Kohlberg's stage of moral development in which the individual is characterized as not understanding the rules or feelings a sense of obligation to them is the?

pre-moral stages

With respect to pre-need funeral arrangements, all of the following records should be kept on file at the funeral home except?

preferences of family who have not signed the contract

Anything that may be owed, possessed, used, or disposed of for a price is called

property

A dead human body is said to be?

quasi-property

Land, timber, materials, buildings and other made property permanently attached to the land are called?

real property

The Uniform Anatomical Gift Act permits a person to donate his/her body or organs to a procurement organization. Which of the conditions need to be met in order to be a donor?

the person consenting to the donation needs to legal age, the person consenting to the donation needs to be of sound mind, the donor could sign his/her driver's license requesting to be a don

The court having sole jurisdiction over estates is?

the probate court

Law is defined as?

the rules that govern a society

A formal command issued by a court of law is a

writ